Who Is Included in an AAP

What do the Regulations Require?

CFR 60-2.1(d) Each employee in the contractor's workforce must be included in an affirmative action program....

The term “employees” is broad enough to include part-time, temporary and full time employees.

OFCCP did not intend for this provision to be read as including only full time employees…The new Section 60-2.1 provision does not make reference to particular categories of employees but rather refers generally to “employees.”

Exception:

CFR 60-2.1(d) ...Each employee must be included in the affirmative action program of the establishment at which he or she works, except that:

(1) Employees who work at establishments other than that of the manager to whom they report, must be included in the affirmative action program of their manager.

(3) Employees for whom selection decisions are made at a higher level establishment within the organization must be included in the affirmative action program of the establishment where the selection decision is made.

How are Employees working at the Establishment but NOT Included in the AAP Handled?

CFR 60-2.1(e) If pursuant to paragraphs (d)(1) through (3) of this section employees are included in an affirmative action program for an establishment other than the one in which the employees are located,

The organizational profile and job group analysis of the affirmative action program in which the employees are included must be annotated to identify the actual location of such employees.

If the establishment at which the employees actually are located maintains an affirmative action program, the organizational profile and job group analysis of that program must be annotated to identify the program in which the employees are included.

Note that if each of your employee records includes a location code and supervisor code, The Complete AAP will automatically create annotations and include employees in the correct AAP.

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